Document Type : Research Paper
Author
Shahid Beheshti University
Abstract
Since the formation of human societies, the matter of justice through judiciary has never lost its importance. Over time, the effort to provide appropriate models of proceedings has paved the way to discussing the role of emotion in law. Renouncing empathy in judging is another embodiment of the widespread discourse on denying emotion and emotional expressions in law. The opponents of judicial empathy claim that being an empathetic judge results in distancing oneself from the commitment equal treatment and legality due to different personal levels of empathy in judges. Therefore, the first goal in rejecting empathy is equality and rule of law.
This manuscript is based on library research work and case studies. Legal case study turns the theoretical framework concrete and shows that empathy not only needs not to be excluded from legal professions and judging, but also should be encouraged for the sake of equality and rule of law. Empathy, as an emotional capacity, is a source of cognition in proceedings as well as an instrument for interpretation. Including and encouraging empathy in judicial curriculum, respecting diversity and plurality in recruitment of judges and promoting legal storytelling are methods to be considered for making the judiciary empathetic.
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